Issue 068
  August 2016
Contents:
 

Handy tips the Annual Conference!

>  
 

Lessons from Lumbee Tribe’s success

>  
 

Damages reduced in New Balance trade mark case in China

>  
 

Overview of ISP liability – new paper

>  
 

WIPO publishes design guidance

>  
 

Survey on WIPO Magazine

>  
 

Madrid System seminars

>  
 

MARQUES Media Roundup

>  
 
Disclaimer:
The views expressed by contributors to this newsletter are their own and do not necessarily reflect the policy and/or opinions of MARQUES and/or its membership.  Information is published only as a guide and not as a comprehensive authority on any of the subjects covered.  While every effort has been made to ensure the information given is accurate and not misleading neither MARQUES nor the contributors can accept any responsibility for any loss or liability perceived to have arisen from the use or application of any such information or for errors and omissions.  Readers are strongly advised to follow up articles of interest with quoted sources and specialist advisors.
 

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Handy tips the Annual Conference!

 

 

Are you ready for the MARQUES Annual Conference in Villaitana next month? Here are a few tips for those attending

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Lessons from Lumbee Tribe’s success

 

 

Marion Heathcote and Aparna Watal discuss the lessons to be learned for both brand owners and indigenous communities from a recent US case involving the Lumbee Tribe

Read More >>
Damages reduced in New Balance trade mark case in China

 

 

The Guangdong Higher People’s Court recently ruled in the trade mark dispute involving New Balance. Charles Yuchao Wang explains the background to the case, and the latest decision

Read More >>
Overview of ISP liability – new paper

A sub-team of the MARQUES Cyberspace Team has prepared a best practice paper on the liability of ISPs


The full paper is available on the Team’s page on the MARQUES website. It provides a snapshot of the case law with regard to ISP liability in Europe and will be updated as more court decisions are handed down, and covers both host providers and access providers.

The paper gives an overview on the guidelines laid down by the CJEU, if applicable, and in Germany, the Netherlands, England, Denmark and Sweden on the liability of host and access providers and the actions that may be requested from these providers when discovering an infringement (“notice and takedown”).

The authors conclude that an ISP may be held liable for third party infringements if it does not react upon becoming aware of the facts or circumstances of the infringement, for example usually by taking down the infringing content.

There is no obligation of the provider to actively investigate and constantly monitor all the data of each customer and prohibit infringements by the users of their platforms.

Nevertheless, European law does not conflict with an obligation imposed by national courts to prevent further infringements arising from a specific third party infringement. In Germany for example the Supreme Court sees an obligation on a hosting service provider to take appropriate measures which are technically and commercially reasonable to prevent similar infringements in the future (such as keyword filters and manual (re-)checks).

Moreover, in particular with regard to internet access providers, questions have been raised whether such intermediaries may be ordered to block the access of customers (to certain websites). This could lead to a general monitoring, which is prohibited by the E-Commerce Directive (Article 15).

However, the CJEU clarified that such a blocking injunction may not violate EU law, even when that injunction does not specify the measures to be taken. Yet these measures may not unnecessarily deprive internet users of the possibility of lawfully accessing the information available. Following this, blocking injunctions against internet access providers have been allowed in several jurisdictions, in particular Germany and England.

Download and read the full paper on the Cyberspace Team page

WIPO publishes design guidance

 

Survey on WIPO Magazine

WIPO has published a detailed document on how to avoid possible refusals when seeking to register a design through the Hague System when the design submitted is insufficient

 

WIPO has launched an online survey on the WIPO Magazine. MARQUES encourages members to complete it

Read More >>   Read More >>

Madrid System seminars

 

MARQUES Media Roundup

Do you file International Registrations? Do you have problems with US designations? If so, then consider attending MARQUES seminars in Amsterdam, Munich and London in October

 

Have you been away in the past few weeks? Catch up on IP-related news and comment on the Class 46 and Class 99 blogs

Read More >>   Read More >>

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